2011 (2) TMI 777 - AT - Customs

Provisional assessment - whether the interest is payable when the provisional assessment was made prior to 13.7.2006 - interest could be levied and charged on delayed payment of tax only if the statute that levied and charged of tax made substantial provisions in his law - The Tribunal in Sterlite Industries (India) Limited (2007 -TMI - 3649 - CESTAT, CHENNAI) took into consideration the fact that substantial provision of law relevant to the present case was Section 18(3) of the Customs Act 1962 and not the Section 28-AB of the Act - Decided against the Revenue.

Summary

Issues:
Interest payable on duty amount deposited after final assessment when provisional assessment was made prior to 13.7.2006.

Analysis:
The appellant, a Ship Breaker, imported a vessel for breaking and filed a bill of entry that was provisionally assessed due to lack of original documents. The bill was finally assessed in 2009. The Revenue appealed against the order, arguing that interest is due on the duty amount deposited post final assessment. The Revenue cited Section 28AB of the Customs Act, 1962, as the basis for claiming interest, emphasizing that interest is adjunct to duty as per the Supreme Court. The Revenue also mentioned ongoing appeals against similar cases. The respondent, M/s. Sachdeva Steel Products, filed a cross-objection.

The Tribunal examined whether interest is payable when provisional assessment predates 13.7.2006. The Tribunal referred to its previous decision in the case of Sterlite Industries, where it was held that interest could be levied on delayed tax payment only if substantial provisions in the law allowed it. The Tribunal emphasized that Section 18(3) of the Customs Act, 1962, not Section 28AB, was relevant in this case. Since the issue was already addressed in the Sterlite Industries case and all arguments by the Revenue were considered, the Tribunal found no reason to deviate from its precedent. Consequently, the appeal by the Revenue was rejected, and the cross-objection by the respondent was disposed of accordingly.

This judgment clarifies the applicability of interest on duty amounts deposited after final assessment when provisional assessment was conducted before 13.7.2006. The decision underscores the importance of relevant statutory provisions and precedent in determining the liability for interest on delayed tax payments. The Tribunal's analysis provides a clear interpretation of the law and ensures consistency in addressing similar issues across cases.